Samuel Spencer, Esq., one of the members of Council, appeared, repeated and subscribed the Test and took his seat.

The Sheriff of Halifax County brought before this Council a certain Walter Lamb with several affidavits accusing him with sundry misdemeanors.

And whereas this Council thinking it proper that the witnesses should personally appear against the said Lamb do therefore Order that Mr Branch the aforesaid Sheriff take into his Custody the said Lamb, unless he shall give sufficient security to appear before the said Committee of Safety for the district of Halifax by them to be tried, acquited or punished as they shall think necessary.

The Sheriff of Halifax County brought before this Council a certain George Massingbird with an Affidavit accusing him of having made use of some words disrespectful to the Cause of America.

And whereas this Council thinking it proper that the witnesses should personally appear against the said George Massingbird, and he appearing to be truly sensible of his past ill Conduct, and having taken an Oath satisfactory to the Council do therefore, Order that the said George Massingbird be discharged from Custody.

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The Council being informed, That Roger Ormond, Esquire, one of the Members of the Committee of Safety for the district of New Berne is dead,

It is therefore Resolved, That John Simpson Esquire, of the County of Pitt be, and is hereby appointed a member of the said Committee for the district aforesaid; in the room of the said Roger Ormond, and that he the said John Simpson be admitted to take his seat accordingly.

The Council Adjourned till Tomorrow Morning 9 oClock.

Wednesday 20th December 1775.

The Council met according to Adjournment.

Resolved, That the paymaster of Hillsborough district pay unto Messrs. Nathaniel Rochester and William Johnston seventy pounds seven shillings and four pence proclamation money for one hundred and fifty pounds of gun powder, four hundred and seventy six pounds of Bar lead and one thousand Gun flints purchased by them pursuant to a Resolve of the Committee of Orange County, and that the said Ammunition be lodged in the hands of William Johnston and that the said paymaster take his Receipt for the same to be produced whenever demanded by the public.

Resolved, That Lehansyn Dek yser Adjutant in the first Regiment of Regulars, raised in this province under the Command of Colo James Moore be allowed Adjutants pay from the fifteenth day of September last inclusive, he having performed duty from that day.

It appearing to this Council That the Measures concerted for the defence of American Liberty have been communicated to the prejudice of the public,

Reso'ved, That it be recommended to the Committees of Wilmington and Brunswick and to the commanding Officer of the detachment stationed on Cape Fear river to use their utmost endeavours to cut off all manner of personal Communication between His Excellency Governor Martin and the Officers of the Ships of War with the Inhabitants of this Province on any pretext whatever; and that the utmost caution be used in supplying the Ships of War with the Provisions that they may be conveyed in such manner as to prevent any intelligence from being disclosed by the persons conveying the said Provisions.

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Provided, That nothing in the above Resolve shall be construed to prevent any person corresponding by letter with Governor Martin or the Ships of War, such letters being first laid before the Committees of the said Towns, or either of them, or the Commanding Officer aforesaid and approved of by them.

Provided, nevertheless, That the Committee of Safety for the district of Wilmington should they think it necessary, are hereby impowered to cut off all supplies of Provisions to any of the Ships of War lying in Cape Fear river.

Resolved, That the Treasurers or either of them pay into the Hands of William Kennon Esquire, Commissary to the first Regiment of regular Troops in this Province the sum of two thousand pounds, for purchasing provisions for the use of said Troops, to be accounted for with the Provincial Congress, and that they be allowed in their Accounts with the public.

Resolved, That Mr. President write in the name of this Board to the Council of Safety of South Carolina, requesting them to supply this Province with two thousand weight of gun powder, to be delivered to Waightstill Avery Esquire or his Order who is hereby appointed to wait upon them or impower some other person for that purpose to receive the same, and that this Board will pay for all powder delivered to the said Waightstill Avery in consequence of this Order and that the Treasurers, or either of them be ordered to give a draught on the Continental Treasury for the amount.

Resolved, That Matthew Troy be appointed to employ proper persons to make Carriages for and mount four of the Cannon now at New Bern and remove them to Salisbury for the defense of this Province, to be accounted for. And that the Treasurers or either of them pay into the hands of the said Matthew Troy the sum of forty pounds for the above service and be allowed in their accounts with the public.

Resolved, That the Treasurers or either of them pay into the hands of Abner Nash and James Coor Esquires, one hundred pounds to be appropriated by them towards compleating the fortifications now erecting at Hanging Point on Neuse River, and be allowed in their Accounts with the public.

Resolved, That the Treasurers or either of them pay into the hands of Samuel Ashe Esquire, one hundred pounds to be appropriated by him towards compleating the Fortifications now erecting

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at Du Boises Mill on Cape Fear river, and be allowed in their Accounts with the public.

The Council Adjourned 'till Tomorrow Morning 9 oClock.

Thursday, 21st December.

The Council met according to adjournment.

To Either of the Public Treasurers:

You are to pay unto James Davis, printer, two hundred and fifty pounds proclamation money, being for one year's salary due to him the first day of this Instant, as public printer to this province, according to Act of Assembly for that purpose, for which, This shall be your Warrant.

Resolved, That Robert Smith Esquire be appointed paymaster of the Troops stationed in the district of Edenton, as also to the Minute men in the said district, in the room of Samuel Johnston, who resigns, he first entering into Bond to this Council with sufficient security in the sum of ten thousand pounds proclamation money.

This Council taking into consideration the necessity of fitting out Armed Vessels for the protection of the Trade of this Province, that there be three Armed Vessels fitted out with all dispatch, to wit, one at Cape Fear, one at New Bern and one at Edenton, do Resolve, That Mr President, Samuel Ashe, Richard Quince, Robert Ellis Esquires, and Captain John Forster, or any three of them, are appointed Commissioners at Port Brunswick; Abner Nash, James Coor, Joseph Leech, James Davis, Richard Ellis, Esquires, and Messrs. John Green, David Baron and John Wright Stanley, or a Majority of them, are appointed Commissioners at Port Beaufort, and Samuel Johnston, Thomas Jones, Joseph Montfort, Robert Hardy, Robert Smith Esquires, and Mr John Norcomb, or a Majority of them, are appointed Commissioners at Port Roanoke, and that the said Commissioners do immediately purchase, arm, man and victual in a sufficient manner at each of the above mentioned Ports one good and substantial Vessel, and to recommend proper Officers to this Council and to station them at such place or places as they may think proper, prudent and necessary in order to protect the Trade and Commerce of this Province, the whole under the controul of the provincial Congress and Council.

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Resolved, That Abner Nash and James Coor Esquires, or either of them be impowered to charter one or more Vessels and agree with Masters and Seamen at the Port of New Bern, and load the same to such parts as they may judge expedient, and with such Articles as they may think proper, not exceeding the sum of five hundred pounds proclamation money, in Order to procure Arms and Ammunition for the use and protection of this Province, the same to be at the hazard, risk and expence of this Province.

Resolved, That Mr President, Richard Quince, Senr, and John Forster, Esquires, or either of them, be impowered to charter one or more Vessels, and agree with Masters and Seamen at the Port of Wilmington and load the same to such parts as they shall judge expedient and with such articles as they may think proper not exceeding the sum of five hundred pounds in order to procure Arms and Ammunition for the use and protect on of this province the same to be at the hazard, risk and expence of this Province.

Resolved, That Whitmill Hill, Esquire, be impowered to charter one or more Vessels and agree with Masters and seamen at the port of Edenton and load the same to such parts as he shall judge expedient and with such articles as he may think proper not exceeding the sum of five hundred pounds proclamation money in order to procure Arms and Ammunition for the use and protection of this Province the same to be at the hazard, risk and expence of this Province.

Resolved, That James Geekie be appointed Surgeon of the first Regiment of the Continental Army of this Province in the room of Dr. Isaac Guion who neglects his duty.

Resolved, That Richard Caswell Esquire, of the Southern district, pay into the hands of Abner Nash and James Coor Esquires or either of them, the sum of five hundred pounds for purchasing Arms and Ammunition to be accounted for at the next Provincial Congress, and that the said Treasurer be allowed in his Accounts with the Public.

Resolved, That Samuel Johnston Esquire, Treasurer of the Northern district pay into the hands of Whitmill Hill Esquire the sum of five hundred pounds for purchasing Arms and Ammunition to be accounted for at the next Provincial Congress, and that the said Treasurer be allowed in his accounts with the public.

Resolved, That the Treasurers or either of them pay into the hands of Mr President and Richard Quince Senr and John Forster

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Esquires or either of them the sum of five hundred pounds for purchasing Arms and Ammunition to be accounted for at the next Provincial Congress and that the said Treasurers be allowed in their Accounts with the Public.

Resolved, That the Treasurers or either of them pay to Doctor William Pasteur the sum of Seventy-five pounds for Medicines furnished the second Regiment of Continental Troops in this Province and that the said William Pasteur account with the next provincial Congress for the said sum and that they be allowed in their Accounts with the Public.

It appearing to this Council that John Simpson, Edward Salter and Robert Salter Esquires in behalf of the Committee of Pitt County, had agreed and executed Bonds with a certain Paul White for a Quantity of powder and lead, and at the same time undertook to indemnify the said Paul White in his Vessel during the completion of the Voyage. And whereas the said Vessel on her Arrival at Occacock Bar, was taken by a Cutter belonging to some of His Majesty's Ships of War and detained as a prize but the Ammunition saved by taking out the same at Sea,

Resolved, That John Simpson, Edward Salter and Robert Salter be allowed the sum of eight hundred and sixty pounds four shillings and eight pence, to enable them to comply with their Contract with the said Paul White; and that the Treasurers or either of them pay them the same and be allowed in their Accounts with the Public.

Resolved, That the next Provincial Council shall be held at the Courthouse in the County of Johnston the seventeenth day of March next, but that the president may call a Council sooner if he should find it necessary.

Whereas it appears this Province may soon be invaded by the British Troops and the Inhabitants be destitute of sufficient arms for defence of their lives liberties and properties,

Mr Duncan Lamon for the district of Halifax, or any of them, be and they are hereby impowered and required to purchase materials and employ proper persons to make and mend Guns and Bayonets and also to purchase good serviceable Guns, Gun Barrels, Stocks and Locks, Lead and Flints and have them repaired for the use of this province, for which purpose, the Treasurers or the paymasters or either of them are directed to furnish any of the above Persons with money, out of the public Treasury as occasion may require; Provided the Amount to be paid to the persons in either of the districts does not exceed the sum of three hundred pounds, for which they are respectively to Account with the next Provincial Congress.

Resolved, That two Battalions of Minute Men, be immediately embodied in the district of Salisbury in the same manner as directed by the Congress and that the following persons shall be and are hereby appointed Field Officers of said Battalions vizt

Of the first Battalion—Griffith Rutherford, Colonel; John Phifer, Lieutenant Colonel; John Paisley, Major.

The petition of William Gibbs being read praying leave to ship a Quantity of Naval Stores which suffered in the late hurricane, and the same being taken under consideration was rejected it being incompatible with the Resolves of the Continental Congress.

Resolved, That William Hooper, Joseph Hewes and John Penn Esquires, delegates for this Province at the Continental Congress in Philadelphia do purchase one waggon and four good horses in the Province of Pennsylvania and hire a careful person to bring the same to Edenton in this Province with the Gun powder, Drums, Colours and Fifes procured by them for the use of the Continental Troops stationed in this Province, and that the said delegates are impowered to call upon the Continental Treasurer for the amount of the purchase of the waggon and horses and paying the person to be employed by them to bring the same, to be charged to the Account of this Province.

The Council adjourned till tomorrow morning 9 oClock.

Friday 22nd December 1775.

The Council met according to Adjournment.

It having been made appear to this Council, That the late Elections

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for Delegates and Committee Men for the County of Onslow were unduly made, and that the Committee so unduly Elected have refused to subscribe the Test,

Resolved, That the said Elections be set aside, and that the Election for delegates and Committee Men for the said County of Onslow be held on the third Saturday in January next and that Thomas Johnston Esquire give at least Twenty days notice of this Order previous to the said Election and that he take the poll and make the proper return.

Whereas the County of Surry have failed to elect delegates and Committee Men on the day appointed by Congress for that purpose,

Resolved, That William Sheppard Esquire be commanded to notify the Freeholders and house holders, to meet at the Court House on the second Tuesday in February next, then and there to Elect any number of Freeholders, or house holders, not more than five, to represent them in the next Congress, and any number of Freeholders or house holders, not less than twenty one, to serve as Committee Men; it being in the Opinion of this Council agreeable to the intention of the last Congress.

Resolved, That the Treasurers or either of them pay to Adam Boyd the sum of Twenty pounds for two hundred Pamphlets delivered to the Congress at Hillsborough and be allowed in their accounts with the public.

Resolved, That Mr. Jeremiah McCaffety be allowed the sum of seventy four pounds eight shillings and nine pence proclamation money for two hundred and ninety seven pounds and three quarters of a pound of Gun powder taken and received by Colonel Thomas Polk and Major John Phifer to be accounted for by them at the next Congress, and by them served out to the Troops who lately marched from the Western Counties of this Province against the Insurgents near Ninety six in South Carolina and that the Treasurers or either of them pay the same and be allowed in their accounts with the public.

Resolved, That James Mansfield be allowed the sum of five pounds eleven shillings and six pence proclamation money for taking care of the sick Soldiers at Cape Fear and that the Treasurers or either of them pay him the same and be allowed in their accounts with the public.

Resolved, That the Treasurers or either of them pay into the hands of Colo Henry Rhodes the sum of twenty one pounds nine

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shillings for Gun powder and lead purchased in Onslow County for the use of the province; and that the said Henry Rhodes do deposit the said powder and lead in some secure place until further orders from this Council or the Provincial Congress.

It appearing to this Council that James Kebble of Onslow County, at present is inimical to the Cause of Liberty,

Resolved, That it is the Opinion of this Council that the said Kebble is an improper person to hold any Commission in the Militia of the said County.

Whereas, it Appears to this Council that from the natural situation of Pasquotank County, being divided by a very wide river, that the calling of General Musters at the Court House of that County is burthensome and troublesome to the Inhabitants of the same, and that a division of the Pasquotank Regiment would ease the Inhabitants and encourage military discipline,

Therefore Resolved, That the Regiment of Militia in the said County of Pasquotank shall be divided by Pasquotank river, and that all the Militia of said County on the Northern side of said river, shall be and is hereby made and established a new and distinct Regiment, and shall be known and distinguished by the name of the second Regiment of Pasquotank Militia, and that Commissions issue accordingly.

Resolved, That Colonel Henry Rhodes be and he is hereby appointed to pay for and receive into his Custody all the powder in the County of Onslow secured in the hands of Individuals for the use of the public and keep the same till further Orders.

Resolved, That the dividing line between the first and second Regiments of Rowan Militia shall hereafter be continued from the mouth of lower Little river, a due North course to the line of the County of Surry, it appearing to the Council to be more convenient to the Inhabitants.

Resolved, That Richard Quince be allowed the sum of two hundred and one pounds, three shillings and six pence Proclamation money for four hundred and sixteen and one half of a pound of Gunpowder, two thousand five hundred and thirty-one pounds of Lead, and one hundred and ninety-three pounds of saltpetre for the use of the public; and that the Treasurers or either of them pay him the same and be allowed in their accounts with the Public.

Resolved, That William Hill be allowed the sum of Thirty-seven pounds two shillings and eight pence proclamation money for fifty

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weight of Gunpowder, eight hundred and fourteen pounds of Buckshot for the use of the public, and delivered to Colonel Nash; and that the Treasurers or either of them pay him the same and be allowed in their Accounts with the Public.

Resolved, That the Committee of Wilmington be allowed the sum of eighty-three pounds fifteen shillings and ten pence proclamation money for thirty-one Guns, stocking four Guns, repairing three Guns, and twelve Gun Locks for the use of the first Regiment under the command of Colonel Moore, and that the Treasurers or either of them pay him the same and be allowed in their Accounts with the Public.

Resolved, That the Committee of Wilmington be allowed the sum of one hundred and fifteen pounds three shillings and three pence, for seven hundred and thirty three pounds and one half pound of powder, and seventy three pounds of lead and ball, for the use of the Public; and that the Treasurers or either of them pay them the same and be allowed in their Accounts with the Public.

Resolved, That the Committee of Wilmington be allowed the sum of seven pounds one shilling proclamation money, for two Muskets, repairing one gun and two gun locks, for the first Regiment on account of the Public and that the Treasurers or either of them pay the same and be allowed in their Accounts with the Public.

The Council adjourned till Tomorrow Morning 9 oClock.

Saturday 23rd December 1775.

The Council met according to Adjournment.

Resolved, That the Treasurers or either of them pay to Doctor James Geekie the sum of Fifty pounds to enable him to purchase Medicines for the use of the first Regiment of the Continental Troops in this Province, and that the said James Geekie account with the next Provincial Congress for the said sum, and that they be allowed in their accounts with the Public.

Resolved, That each of the Public Treasurers be impowered to draw on the Continental Treasury for any sum not exceeding Ten thousand dollars each towards defraying the expence of the Troops on the Continental establishment in this Province.

Sundry Resolves of the Continental Congress respecting Regulations and Arrangements of the two Battalions of the Continental

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Army raised in this Province being communicated to this Council by the delegates of this Province in the said Congress,

Resolved, That Copies of the said Resolves be delivered to the Colonels of the respective Battalions, and that it be recommended to them that they with all convenient speed call General Court Martials to form their respective Regiments agreeable to the said Resolves.

And as the number of Captains agreeable to the said Resolutions must necessarily be reduced, This Council will recommend it to the Provincial Congress, that in case any of the said reduced Captains will act as Lieutenants in the service, that an allowance be made them out of the public Treasury of this province sufficient to make their pay equal to a Captain, and to retain their rank. And, as on the said new arrangement there may be several vacancies of Ensigns, this Council recommend it to the Court Martial to encourage proper persons to fill such vacancies, to assist in recruiting their respective Regiments, which services will be considered by this Council in filling up the said vacancies in proportion to the number they shall respectively recruit.

It is further recommended to the Commanding Officers of the said Battalions, that they, as soon as may be, dispatch proper officers on recruiting parties to the Western Counties of this Province, in order that their full complement of Men may be compleated with all dispatch.

Resolved, That a sum not exceeding eighty pounds proclamation money, be applied by Samuel Johnston Esquire, Treasurer of the Northern district, for the purpose of erecting a breastwork in the Town of Edenton, for the defence of the said Town; and that the said Treasurer be allowed the same on settling his Account with the Public.

Resolved, That it be recommended to all Friends to American Freedom to purchase all the powder, saltpetre and sulphur in their power for the use of the public, and lodge the same with the several Town and County Committees, in this Province and that the said Committees appoint a proper person in each Town and County to take care of the above mentioned Articles and taking Receipts for the same, and to be paid for by the public, and that a sum not exceeding half a dollar be given for saltpetre.

The Council adjourned till tomorrow morning 9 oClock.

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December 24th, 1775.

The Council met according to Adjournment.

Resolved, That the paymaster be directed to furnish a sum not exceeding sixty pounds to the Captain of each Company to be by him paid to such persons as may be sent out on recruiting parties, as advance money for the new recruits at forty shillings a man.

Whereas Governor Martin hath distributed great numbers of Tory Pamphlets in the Western parts of this Province where the people are not well informed,

Resolved, That the Continental delegates from this Province be immediately informed thereof and desired to secure the best pamphlets that can be had for the true information of the people to Counteract and frustrate the wicked and diabolical stratagems of Governor Martin and other Tools of a corrupt Ministry.

Resolved, That one-fourth part of the powder and lead lodged in the hands of Mr William Johnston of Hillsborough by resolve of this Council be delivered to Mr Thomas Person in order for the use of the Public, and that the said Johnston take his receipt for the same.

Resolved, That the Commanding Officer of the first Regiment send an Officer with Twenty-five privates to George Town as an escort to protect the Ammunition to be purchased, by a resolve of this Council, for conveying the same from thence to Cape Fear.

Resolved, That the Paymasters in the several districts where the Continental Troops are stationed do immediately purchase cloth and have the same made up into Cloaths, to wit, Coats, Waistcots and Breeches for such of the men in the two Battalions of Continental Troops not already provided with Cloathing, and that the Amount thereof be discounted out of each man's pay at the rate of ten shillings per month.

Resolved, That the sum of two thousand pounds be paid into the Hands of Samuel Ashe Esquire, paymaster of the Troops stationed at Cape Fear, by the Southern Treasurer, for the purpose of purchasing Cloaths &ca for said Troops, and that he account for the same to the next Congress; and be allowed in his Accounts with the Public.

Resolved, That the sum of one thousand pounds be paid into the Hands of Robert Smith Esquire, paymaster of the Troops stationed at Edenton, by the Northern Treasurer, for the purpose of purchasing Cloth &ca for said Troops, and that he account for the

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same to the next Congress, and be allowed in his accounts with the Public.

Resolved, That the sum of one thousand pounds be paid into the hands of Richard Caswell Esquire, paymaster of the Troops stationed at New Bern, by the Southern Treasurer, for the purpose of purchasing Cloaths &ca for said Troops, and that he account for the same to Congress at its next meeting, And he be allowed in his Accounts with the Public.

Resolved, That the Northern Treasurer pay into the hands of Matthew Locke, paymaster of the Regulars and Minute Men, in the District of Salisbury, the further sum of two thousand pounds, to enable him to pay off and clothe the Continental Troops, and pay the Minute Men, to be accounted for at the Congress; and he be allowed in his Accounts with the Public.

Resolved, That Matthew Locke, paymaster of Salisbury district, be directed to purchase all the ammunition he can procure, and for all sums advanced in this service he shall be allowed in his settlement with the Public.

Resolved, That the Paymasters of the Continental Troops stationed in this province do immediately procure Cartridge Boxes, and Haversacks, for the use of such of the Troops as are not already supplied with them; and that the paymasters be allowed for the same in the settlement of their respective Accounts with the Public.

The Continental Congress having recommended to this Council additional rations for the Troops stationed in this Province, vizt: Three pints of peas or beans per week, or vegetables equivalent, rating the peas or beans at a dollar per Bushel; One pint of milk per day, or at the rate of 1/12 of a dollar per pint; half a pint of rice or one pint of Indian Meal per man per week; one quart of spruce beer or cyder per man or nine gallons of Molasses per Company of one hundred men per week; three pounds of candles to one hundred men per week for Guards; twenty four pounds soft, or eight pounds of hard soap for one hundred men per week.

The Council having taken the same into Consideration, Resolve, That the several Commissaries to the Continental Troops do supply them with the above mentioned rations, and that they respectively be allowed for each man so to be supplied, per day, the additional sum of two pence, and that the said Commissaries be allowed for the same in the settlement of their respective Accounts with the Public.

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Resolved, That the Treasurers or either of them pay to William Chew the sum of Forty pounds and eight pence proclamation money for conveying a packet from the Continental Congress to this Board, and carrying back answers to the same, and be allowed in their Accounts with the Public.

Resolved, That the several Members of the Committee of Safety for the district of Salisbury be required to meet on the first Tuesday in February next for the dispatch of Public Business.

Resolved, That the Northern Treasurer or the paymaster of Salisbury district pay Mr Waightstill Avery the sum of twenty five pounds towards defraying his Expences to South Carolina on the Business of this Province.

Resolved, That in Case any of the Continental Troops should be stationed in either of the Towns in this Province, The Committee of such Town is hereby impowered and required to provide for them suitable Barracks during their stay in such Town and report to the next Congress the time such Barracks shall have been occupied, that the members therefor may make such allowance as they shall judge necessary.

Resolved, That it be recommended to the several Town and County Committees in this Province immediately to furnish the Captains of each Minute and Militia Company in their respective Counties with Copies of the Test signed and recommended by the late Provincial Congress, and present the same to the Men under their Command for their Approbation and also to return a list of all those who neglect or refuse signing the same to the said Committee to be by them transmitted to the Provincial Council at their next meeting.

Resolved, That it is the Opinion of this Council, that no person or persons shall be intitled to any benefit or relief against any Debtor, as directed by the Provincial Congress, unless such person or persons so applying shall at least ten days previous to such application have subscribed the Continental Association, and the Test as signed and recommended by the late Provincial Congress held at Hillsborough.